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Federation of Malaya Bill-52-1

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Federation of Malaya Bill-52-1 FEDERATION OF MALAYA BILL EXPLANATORY NOTE THIS Bill deals with the position that has arisen by reason of the fact that the Federation of Malaya has become an independent sovereign member of the Commonwealth. Under the Malayan constitution the Queen does not have sovereignty or jurisdiction or any other power in respect of the Federation. The Bill provides that all existing New Zealand laws shall continue to apply as if the Queen had not ceased to have sovereignty over Malaya, unless any such law is duly altered in the future so as not to apply. Clause 3 applies the Bill to the Cook Islands, the Tokelau Islands, and Western Samoa, and declares the Bill to be a reserved enactment-that is, one that cannot be repealed or altered by the Legislature of Western Samoa. No. 52-1 Hon. Mr Macdonald FEDERATION OF MALAYA ANALYSIS 2. Existing law to apply as if the Fed- eration of Malaya were within Her Majesty's dominions 3. Application of the Act to the Cook Title Islands, Tokelau Islands, and West- 1. Short Title and commencement ern Samoa A BILL INTITULED An Act to make provision as to the operation of the law in relation to the Federation of Malaya, and persons or things in any way belonging to or connected with the Federation 5 of Malaya, in view of the Federation of Malaya's having become an independent sovereign member of the Common- wealth WHEREAS on the thirty-first day of August, nineteen hundred and fifty-seven, the Federation of Malaya became 10 an independent sovereign member of the Commonwealth: And whereas on that date Her Majesty the Queen ceased to have sovereignty or jurisdiction or any other power in and in respect of the Federation of Malaya, or any part thereof: BE IT THEREFORE ENACTED by the General Assembly of New 15 Zealand in Parliament assembled, and by the authority of the same, as follows: 1. Short Title and commencement- (1) This Act may be cited as the Federation of Malaya Act 1957. ( 2) This Act shall be deemed to have come into force on 20 the thirty-first day of August, nineteen hundred and fifty- seven. No. 52-1 9 Federation of Malaya 2. Existing law to apply as if the Federation of Malaya were within Her Majesty's dominions- (1) All existing law- that is to say, alllaw which, whether it is a rule of law or a pro- vision of an Act of any Parliament or a provision of any other enactment or instrument whatsoever, has come into force or 5 been passed or made before the commencement of this Act- shall, until provision to the contrary is made by the authority having power to alter that law, have the same operation in relation to the Federation of Malaya, and to persons or things in any way belonging to or connected with the Federation of 10 Malaya as it would have had if Her Majesty had not ceased to have sovereignty or jurisdiction or any other power in and in respect of the Federation of Malaya, or any part thereof. ( 2) This section extends to law of, or of any part of, New Zealand or any of the territories referred to in section three 15 of this Act. 3. Application of the Act to the Cook Islands, Tokelau Islands, and Western Samoa- (1) This Act shall be in force in the following territories: (a) The Cook Islands: 20 (b) The Tokelau Islands: ( c) Western Samoa. ( 2) This Act is hereby declared to be a reserved enactment for the purposes of section nine of the Samoa Amendment Act 1947. 25 WELLINGTON, NEW ZEALAND: Printed under authority of the New Zealand Government, by R. E. OWEN, Government Printer--1957.
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